Project Amenities Sample Clauses

Project Amenities. Tenant shall have the right, at Tenant’s sole cost and expense (subject to reimbursement from the Amenity Allowance, as defined in Exhibit D), to construct and install any or all of the following amenities for the Project: (i) jogging trail, (ii) sports court, (iii) covered terrace, (iv) casting pond, (v) archery range, (vi) outdoor exercise facility, (vii) outdoor all-hands assembly area, (viii) barbeque pits, (ix) basketball courts, and (x) exterior Wi-Fi (each a “Project Amenity”). Any such Project Amenity shall be subject to all Applicable Laws and Landlord’s reasonable approval. Tenant acknowledges that the conceptual renderings of the foregoing potential Project Amenities provided by Landlord are for conceptual purposes only and are not part of the current design or Landlord’s Work and Landlord shall have no liability therefore. To the extent Tenant constructs any such Project Amenity, Tenant, at Tenant’s expense, shall be responsible for obtaining and maintaining all necessary permits and approvals related to the construction and use of such Project Amenity and for maintaining, operating, repairing and replacing such Project Amenity. If Tenant fails to maintain any such Project Amenity, after written notice to Tenant and a reasonable amount of time to cure, Landlord shall have the right (but not the obligation) to maintain any Project Amenity, at Tenant’s expense, and the right to remove such Project Amenity at Tenant’s expense. Tenant shall have no obligation to remove any jogging trail, sports court, covered terrace, or basketball courts constructed by Tenant on the Project in accordance with the terms of this Lease at the expiration or earlier termination of this Lease. In the event any Project Amenity is removed by Tenant, then Tenant shall make such repairs and restoration as necessary to return the Project to its condition prior to such Project Amenity being constructed. Landlord shall have the right to reasonably impose rules and regulations regarding the use of any such Project Amenity and Tenant’s use thereof shall be governed by Landlord’s rules and regulations that are then in effect. Tenant acknowledges and agrees that any Tenant Party’s use of the Project Amenities is voluntary and, in consideration of the use of the Project Amenities, shall be undertaken by such Tenant Party at its sole risk. For all purposes under this Lease, the Project Amenities shall be deemed to be included within the definition of Tenant’s Off­ Premises Equipment...

Project Amenities. [***] Tenant shall be entitled to use the large conference areas and exercise/fitness areas located at ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ in the Lower Campus and the parking spaces serving such areas (the “Amenities”) at no additional charge (except as provided in this Section), provided such use shall be subject to the use of such Amenities by other tenants of the Project on a first come, first served basis, as well as any temporary closures of the Amenities (or any portion thereof) by Landlord in connection with any maintenance, repair, alterations or improvements to be performed. During the Revised Term, Tenant shall be required to pay its proportionate share of the operating costs paid or incurred by Landlord in connection with the operation or maintenance of such Amenities, to the extent considered Operating Expenses under Section 9 of the Lease. During the Revised Term, Landlord shall continue to operate and maintain the Amenities in a manner substantially consistent with its current practices, subject to temporary closures for maintenance and repairs, alterations or additions necessitated by Applicable Laws and events of Force Majeure.

Project Amenities. As depicted and described in the PAD, Phase I of the Project will include an approximate 15,940 square foot plaza (which will not be dedicated to City), as shown on the PAD. To separate and delineate the Project from the surrounding community, the Project shall also include cohesive landscaping along River Drive from Apache Boulevard north to Lemon Street and south to ▇▇▇▇▇▇▇▇▇▇ Drive, consistent with the illustration included as part of Exhibit G. As part of Phase I, Developer shall either install such landscaping on River Drive from Apache Boulevard north to Lemon Street at its sole cost and expense, or deposit with City, for application to installation of the appropriate landscaping, the sum of $25,000. Concurrent with the development of Phase II, Developer shall install such landscaping on River Drive from Apache Boulevard south to ▇▇▇▇▇▇▇▇▇▇ Drive. Prior to completion of the landscaping improvements, City and Developer shall execute a maintenance agreement describing Developer’s obligation to maintain the landscaping both along River Drive and adjacent to the Project, which agreement shall be on City’s standard form. Notwithstanding the foregoing, if a third party (other than City or Developer) agrees to fund all or a portion of the cost of acquisition of the landscaping materials (and City anticipates that up to $7,500 will be available for such purpose), then Developer agrees to complete the installation of such landscaping materials (including any necessary infrastructure), on River Drive from Apache Boulevard north to Lemon Street before December 31, 2016, or as soon thereafter as is reasonable once the landscaping materials or funds have been delivered.

Project Amenities. Landlord hereby acknowledges that as of the date of this Lease Landlord is planning to provide a grab and go food service, outdoor seating and meeting space, connection to the rails-to-trails walking/biking path and a fitness center for use by the tenants of the Project during the Lease Term, and in connection therewith Landlord agrees to utilize commercially reasonable efforts to maintain such amenities throughout the Lease Term; provided, however, Tenant nevertheless acknowledges hereby that if despite such commercially reasonable efforts, Landlord is unable for any reason to maintain continuous operation of such amenities during the Lease Term, in no event shall such failure be deemed a default of the Lease, nor shall such failure impact the validity of this Lease and Landlord shall not be subject to any liability for such failure. In such event Landlord shall utilize commercially reasonable efforts to provide replacement food services to Tenant (e.g., the routine scheduling of food trucks to the Project).

Project Amenities. Throughout the Term of this Lease, at no additional cost to Tenant or its employees (other than Tenant’s payment of Tenant’s Proportionate Share of Direct Costs as provided herein) the common areas of the Project will contain the following for the non-exclusive use and enjoyment of Tenant and Tenant’s employees: (a) a “grab and go” café; (b) outdoor café seating; (c) such laboratory and buildings systems as more particularly set forth on Exhibit “A-1” attached hereto, (d) fitness center and men’s and women’s shower facilities, and (e) conference center, and (f) collaboration areas (collectively, the “Amenities”). Landlord (or an operator selected by the Landlord) shall operate and maintain the Amenities in a manner consistent with other Comparable Buildings. The Amenities may not be unavailable from time to time on a temporary basis (not to exceed seven (7) consecutive days) due to construction activities, repairs, maintenance or alterations, or a change in the managing or operating company hired by Landlord. Landlord agrees that the Amenities shall not be available to persons other than the tenants of the Building and their employees. Use of the Amenities shall be subject to (a) Landlord’s Rules and Regulations regarding the use thereof; and (b) with respect to the fitness center, execution of a waiver of liability and indemnity agreement by Tenant’s employees and invitees in Landlord’s standard form which shall be commercially reasonable.

Project Amenities. INDEX OF EXHIBITS A Diagram of the Premises B Tenant Improvements Work Letter C Rules and Regulations D Form of Estoppel Certificate E Designated Parking Stalls F Dog Application Form G Hazardous Material Disclosure Certificate H Base Rent Tables iii

Project Amenities. Landlord, at its sole cost, in accordance with all Applicable Laws and in a good and workmanlike manner, shall construct meeting rooms, a food service area and a fitness center for non- exclusive use of all the tenants of the Project (the “Project Amenities”) in the building known as Building 700 in Chestnut Run Plaza. Landlord shall use commercially reasonable efforts to substantially complete the construction of the Project Amenities (i.e., the Project Amenities are complete, subject only to incomplete items which do not adversely affect in a material way or materially interfere with Tenant’s use of the Project Amenities in accordance with the terms and conditions of this paragraph) on or before November 15, 2022, subject to extension for Excusable Delays (as defined below). Notwithstanding the foregoing, if the construction of the Project Amenities is not substantially completed on or before February 15, 2023, as such date shall be extended for Excusable Delays (such date, as extended, the “Project Amenities Penalty Date”), then Tenant shall receive a credit, which credit shall be applied against Base Rent next due and owing under the Lease, of $466.66 per day for each day after the Project Amenities Penalty Date until the date that the Project Amenities have been substantially completed. Upon the completion of the construction of the Project Amenities, during the Term or any extended Term, and subject to availability and Landlord’s reasonable rules and regulations therefor, Tenant, at its sole risk and responsibility, shall have the right to use, on a non-exclusive first-come, first-served basis, in common with other tenants of the Project, the Project Amenities. Neither Landlord nor any Landlord Indemnitee (as defined below) shall have any liability to Tenant or any Tenant Party for any damage, injury, loss, expense, compensation, or claim whatsoever arising out of any such individual’s use of the Project Amenities, except due to the gross negligence or willful misconduct of Landlord or any Landlord Indemnitee. Notwithstanding anything contained herein to the contrary, if Tenant enters into an agreement with Landlord to lease any portion of the building known as Building 700 in Chestnut Run Plaza that was to be used for the Project Amenities, then this Section shall be deemed terminated, null and void and of no further force or effect as to such leased portion and this Lease shall otherwise continue in full force and effect. Landlord and Tenant have e...

Project Amenities. The amenities described on Exhibit C-1.1 (the “Project Amenities”) shall be provided at the Project during the Term and shall be operational as of the Commencement Date. Costs and expenses incurred by Landlord in connection with providing the Project Amenities (the “Amenities OpEx”) shall be Operating Expenses (as such term is defined in Section 8.6 below), subject to the limitations and exclusions on Operating Expenses set forth in Section 8.6 and Section 8.7 below. Landlord shall have the right from time to time following the Commencement Date to alter or make substitutions to the Project Amenities; provided however that, so long as Tenant has not assigned the Lease other than pursuant to a Permitted Transfer and has not entered into a Rights Reduction Sublease or Disqualifying Sublease (pursuant to, and as such terms are defined in Section 18.9 and Section 18.10), Tenant shall have the right to approve any material alterations or substitutions to the Project Amenities, such approval not to be unreasonably withheld, conditioned or delayed. If the Restaurant (as defined in Exhibit B-5) is not open for business by November 1, 2020, as such date may be extended by reason of Tenant Delays (as defined in and as provided for in Exhibit B-5), Tenant shall be entitled to reduce the monthly Base Rent accruing from and after such date in the amount of Ten Thousand and No/100 Dollars ($10,000.00) per month.

Project Amenities. Notwithstanding anything to the contrary contained in Sections 5(a), 5(b) and 6 of the Second Amendment, the rentable area of the Premises shall not be increased or decreased in connection with the Project Amenities (including the New Amenities) at the Project. All references in the Lease to the rentable area of the Premises being increased or decreased in connection with any Project Amenities (including the New Amenities) are hereby deleted in their entirety and of no further force or effect.